K.Gopi v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Gopi ... Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602

2. The General Manager, Tamil Nadu State Transport Corporation, Villupuram Limited, Vellore Region, Rangapuram, Vellore - 632 009 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to disburse the difference in Gratuity and Leave Encashment benefits based on the 12th wage settlement in Ref.No.C1/055920/2014 dated 13.4.2015 along with the interest at the rate of 12 percentage per annum to the petitioner from the date of entitlement to till the date of actual disbursement within a time limit to be stipulated by this Honourable court For Petitioners : Mr.P.Mohanraj For Respondents : Mr.R.Venkatesa Perumal R1 and R2 ***** 1/4

O R D E R

This writ petition has been filed seeking for the issuance of a writ of mandamus directing the respondents to pay difference in Gratuity and Leave salary amount along with interest at the rate of 6% per annum.

2.

The case of the petitioner is that the petitioner was working as a Driving Instructor in the respondent Corporation and retired from service on 31.03.2015.

3.

The grievance of the petitioner is that there was some difference in settling the terminal benefits viz. Gratuity and Leave Salary amount. In view of the same, the petitioner has sought for payment of the difference amount along with interest. The petitioner in this regard had made a representation to the respondent on27.07.2024. Since the same did not evoke any response, the present writ petition has been filed before this Court.

4.Heard Mr.P.Mohanraj, learned counsel for the petitioner and Mr.R.Venkatesa Perumal, learned Standing counsel for Respondents. 5.Taking into consideration the facts and circumstances of the 2/4

case and the materials available on record, this writ petition is disposed of with a direction to the 2nd respondent Corporation to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of six weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at the rate of 12% per annum from the date on which the amount became due and payable till the date of actual realisation.

6.

The petitioner is directed to submit a fresh representation to the 2nd respondent along with a copy of this order. 7.

This writ petition is disposed of with the above directions. No costs.

30.09.2024 Index: yes/no Speaking Order/Non-Speaking Order rka N.ANAND VENKATESH, J rka 3/4

To

1. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., 3/137, Salamedu, Villupuram - 605 602

2. The General Manager, Tamil Nadu State Transport Corporation, Villupuram Limited, Vellore Region, Rangapuram, Vellore - 632 009 Writ Petition No.28485 of 2024 30.09.2024 4/4